JUDGEMENT
Ravikumar Duraisamy, Member -
(1.) The Present Company Application bearing CA. No. 62/252/HDB/2017, is filed by SSPDL Infrastructure Developers Private Limited under section 252 of the Companies Act, 2013, on 07.08.2017, by inter-alia, seeking following reliefs:
a. The name of the Company namely SSPDL Infrastructure Developers Private Limited be restored to the file and/or Register of the Registrar of Companies.
b. The respondent to be directed to rectify the master data by modifying the status from strike off to Active within the specific time.
c. An order to be passed for directing the Respondent to place the name of the Company in the same position as if the name of the Company had not been struck off.
d. Directing the applicant to file the pending financial statements and annual returns with respondent and comply with the requirements of the Companies Act, 1956 as well as Companies Act 2013 and rules made thereunder.
Brief facts mentioned in Application:
i. The Applicant Company was incorporated on 17.02.2007 in the state of Telangana. The authorized, issued, subscribed and paid up capital of the Company as on 31.03.2015 is as follows:
ii. The main objects for which the company was incorporated, as given in the Memorandum of Association are as under:
To carry on the business of builders, property developers, real estate developers, infrastructure developers and general construction contractors and to construct, develop and turn any land acquired or belonging to Company.
To carry on the business of Real estate developers, promoters, builders, colonizers, collaborators, and to act as civil Engineer, architectural Engineer, interior decorators, consultant, advisor, valuers, surveyors, construction engineers, consultants, real estate agents, brokers, supervisor, contractor, sub-contractors, turnkey contractor and manager of all types of constructions and developmental work etc.
(2.) That the Applicant Company has filed Annual Accounts and Annual Return till the financial year 2014-2015 with the Registrar of Companies, Hyderabad. However, the Company inadvertently did not file the Annual Accounts tor the financial year ended 2016 as per the provision of the Companies Act, 2013.
(3.) It is submitted by the Applicant Company that as they have not filed the Annual Accounts and Annual Return for the Financial Years 2015-16 so, the ROC, Hyderabad has removed the Name of the Company by giving Public Notice Under section 248 of Companies Act, 2013. The Applicant came to know about the
same when the applicant Company attempted for filing of Annual Accounts and for the Financial Year 2016.;
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